Monthly State Update:
MAJOR DEVELOPMENTS IN 2013

(as of 03/01/2013)

This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.

ABORTION

Abortion Bans to Replace Roe

ARKANSAS: In February, the legislature passed a measure that would ban abortion 12 weeks after the woman’s last menstrual period and when a fetal heartbeat can be detected via an abdominal ultrasound. If a heartbeat is detected, the woman would be required to undergo counseling on “the statistical probability of bringing the unborn human individual to term.” The bill contains exceptions in cases of life or severe physical health endangerment, rape or incest. The bill is awaiting action by Gov. Mike Beebe (D). (In early March, the legislature overrode Gov. Beebe’s veto.)

NORTH DAKOTA: In February, the House passed a measure that would ban abortion after a fetal heartbeat is detected. The bill would require women seeking an abortion to undergo an examination to determine if the fetal heartbeat is present. If a heartbeat is detected, the woman would be required to undergo counseling on “the statistical probability of bringing the unborn human individual to term.” The bill contains an exception for cases of life endangerment or risk of “substantial and irreversible impairment” of the woman’s health. The bill is awaiting action in the Senate.

NORTH DAKOTA: In February, the Senate passed a measure that would ban abortion by defining “human being” as “an individual member of the species homo sapiens at every stage of development.” The measure, which would waive this definition in cases of life endangerment, is awaiting action in the House.

NORTH DAKOTA: In February, the Senate approved a resolution that could restrict women’s access to birth control and abortion services. The bill would place a constitutional amendment on the November 2014 ballot that would include as a person a “human being at any stage of development.” The measure is awaiting action in the House.

Abortion Clinic Regulation

ALABAMA: In February, the House adopted a measure that would require the state to revise the abortion clinic regulations to require that abortion providers meet the standards for ambulatory surgical centers. The bill, which also includes provisions related to hospital privileges for abortion providers, medication abortion, physician-only requirements and statutory rape reporting, is awaiting action in the Senate.

NORTH DAKOTA: In February, the Senate approved a measure that requires abortion providers to have admitting privileges and staff privileges at a hospital within 30 miles of the abortion facility. The measure, which also contains a provision that limits abortion provision only to physicians licensed in North Dakota, is awaiting action in the House.

ALABAMA: In February, the House adopted a measure that would require abortion providers to have staff and surgical privileges at a local hospital. Currently, an abortion provider must either have hospital privileges or contract with another physician who has such privileges. The bill, which also includes provisions related to clinic regulations, medication abortion, physician-only requirements and statutory rape reporting, is awaiting action in the Senate.

INDIANA: In February, the Senate passed an omnibus abortion measure that would require medication abortion providers to meet the same building code and licensing standards as those required for surgical abortions. The measure, which also includes provisions on medication abortion, ultrasound and physician-only requirements, is awaiting action in the House.

Insurance Coverage of Abortion

Introduced in 12 states (These bills may overlap with bills in Private Insurance Coverage.)

Bill Status:

Enacted in AR

(ENACTED) ARKANSAS: In February, Gov. Mike Beebe (D) signed into law a measure that bans abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape and incest. Additional abortion coverage can be purchased at an additional cost. The bill goes into effect in June.

WASHINGTON: In February, the House approved a measure that would require health plans that cover maternity care to also cover abortion care unless the purchaser of the health plan opts out of the coverage. This provision would not apply to multistate plans or to plans that would be in violation of the Weldon Amendment if they covered abortion care. The measure is awaiting action in the Senate.

(ENACTED) ARKANSAS: In February, the legislature overrode Gov. Mike Beebe’s (D) veto of a measure that bans abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law permits abortions after that point to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy that is the result of rape or incest. The measure, which also contains special reporting provisions, is in effect.

NORTH DAKOTA: In February, the Senate passed a measure that would ban abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law would permit abortions after that point to protect the woman’s life or to avert “substantial and irreversible” damage to her physical health. The measure, which also contains special reporting provisions, is awaiting action in the House.

INDIANA: In February, the Senate passed a measure that would amend abortion counseling requirements. Providers would be required to give women state-developed materials and provide them with the number for a 24-hour emergency line that will be continuously staffed. The measure, which also includes ultrasound requirements, is awaiting action in the House.

KENTUCKY: In February, the Senate approved a measure that would require abortion counseling to be conducted in person. The state already requires a waiting period of at least 24 hours between abortion counseling and the procedure, this change would require a woman to make two trips to the clinic for the abortion. The measure is awaiting action in the House.

SOUTH DAKOTA: In February, the legislature approved a measure that would prohibit the inclusion of weekends or any “annually recurring holiday” as part of the waiting period before a woman could obtain an abortion. The measure is awaiting action by Gov. Dennis Daugaard (R). (Gov. Daugaard signed the bill in early March.)

Medication
Abortion

ALABAMA: In February, the House adopted an omnibus abortion measure that would require a physician to examine a patient in person before prescribing medication for abortion, effectively banning telemedicine. The bill also includes provisions on clinic regulation, hospital privileges for abortion providers, physician-only requirements and statutory rape reporting. The bill is currently awaiting action in the Senate.

INDIANA: In February, the Senate passed an omnibus abortion measure that would prohibit the use of telemedicine to administer medication for abortion. The measure, which also includes provisions on clinic regulation, ultrasound and physician-only requirements, is awaiting action in the House.

Parental Involvement in Minor's Abortions

MONTANA: In February, the House passed a measure that would require notarized written consent from a parent before a minor obtains an abortion. Montana law currently requires the abortion provider to notify a parent about the abortion. The bill also mandates that a judge may waive the state’s parental consent requirement only if there is evidence of abuse or if obtaining consent “is not in the best interests of the minor.” The measure, which also includes a provision that would require minors to certify they are not being coerced into an abortion, is awaiting action in the Senate.

Physicians

Physician Liability

Introduced in 3 states

Bill Status:

Passed at least one chamber in KS

Kansas: In February, the Senate passed a measure that would allow a medical professional to withhold information from a woman about her pregnancy that may have resulted in her obtaining an abortion. The measure is awaiting action in the House.

INDIANA: In February, the Senate passed an omnibus abortion measure that would limit the provision of medication abortion to physicians licensed in Indiana. The measure, which also includes provisions on clinic regulations, ultrasound and medication abortion, is awaiting action in the House.

Prohibiting Coercing a Woman into Having an Abortion

Introduced in 2 states

Bill Status:

Passed at least one chamber in MT

MONTANA: In February, the House passed a measure that would require a minor to certify in writing that she is not being coerced into an abortion. The measure, which also includes a parental consent requirement, is awaiting action in the House.

Reporting Requirements

(ENACTED) ARKANSAS: In February, the legislature overrode Gov. Mike Beebe’s (D) veto of a measure that revises the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization (which translates to 22 weeks after the woman’s last menstrual period). The measure requires providers to report the medical diagnosis that necessitated the procedure after that point. The measure, which also limits abortion at or beyond 20 weeks’ gestation except to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy that is the result of rape or incest, is in effect.

MISSISSIPPI: In February, the Senate passed a measure that would revise the state’s abortion reporting requirements for medication abortions. The measure would require providers to report all medication abortions to the Department of Health and report any complications to the FDA. The measure, which also includes provisions regulating medication abortion, is awaiting action in the House.

NORTH DAKOTA: In February, the Senate passed a measure that would revise the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization. The measure would require providers to report the medical diagnosis that necessitated the procedure after that point. The bill, which also limits abortion at or beyond 20 weeks’ gestation except to protect the woman’s life or avert “substantial and irreversible” damage to her physical health, is awaiting action in the House.

Self-Induced Abortion

Sex and Race Selection

Introduced in 13 states

Bill Status:

Passed at least one chamber in KS and ND

KANSAS: In February, the Senate approved a measure that would prohibit the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection. The measure is awaiting action in the House.

NORTH DAKOTA: In February, the House approved a measure that would prohibit the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection or because the fetus has been “diagnosed with either a genetic abnormality or the potential for a genetic abnormality.” The measure is awaiting action in the Senate.

Ultrasound Requirements

INDIANA: In February, the Senate passed an omnibus abortion measure that would require a woman seeking medication abortion services to undergo an ultrasound prior to receiving abortion care. The measure, which also includes provisions on clinic regulation, medication abortion and physician-only requirements, is awaiting action in the House.

INDIANA: In February, the Senate also passed a second measure that would require a woman to undergo an ultrasound before obtaining an abortion. The measure would also require providers to offer the woman the option to view the ultrasound image and listen to the fetal heartbeat. The measure, which also amends abortion counseling requirements, is awaiting action in the House.

KENTUCKY: In February, the Senate approved a measure that would require a woman seeking abortion services to undergo an ultrasound before obtaining an abortion. The measure contains a provision that would require the ultrasound to be performed by the provider who performs the abortion. The provider must also show and describe the ultrasound image to the woman, although she could opt not to view the image. The measure is awaiting action in the House.

ADOLESCENTS

Minors Access to Reproductive Healthcare

KENTUCKY: In February, the House passed a measure that would require boys and girls entering sixth grade to be vaccinated for HPV. A parent may decline to have their child vaccinated. The bill is awaiting action in the Senate.

Sex Education

COLORADO: In February, the House adopted a measure that would require sex education to be medically accurate and include information on sexual and physical violence. The bill would also allocate funds for sex education. The bill is awaiting action in the Senate.

(ENACTED) ILLINOIS: In January, Gov. Pat Quinn (D) signed legislation that requires child sexual abuse prevention to be included as part of health education from pre-kindergarten through high school.

MISSISSIPPI: In February, the Senate adopted a measure that would require schools to provide evidence-based, age-appropriate and culturally sensitive instruction on the prevention of sexual abuse from kindergarten through fifth grade. The bill is awaiting action in the House.

PENNSYLVANIA: In February, the House adopted a measure that would require schools to provide age-appropriate instruction on the prevention of sexual abuse from kindergarten through eighth grade. The bill is awaiting action in the Senate.

Statutory Rape Reporting

Introduced in 5 states

Bill Status:

Passed at least one chamber in AL and MS

ALABAMA: In February, the House adopted an omnibus abortion bill that would require an abortion provider to ask a minor younger than16 for the name and age of her male partner. For minors aged 14–15 whose partner is at least two years older, or for minors younger than 14, the measure would require the provider to report the names and ages of the pregnant minor and her partner to the state.

MISSISSIPPI: In January, the House passed a measure that would require a medical provider to keep a cord blood sample from an infant delivered by a minor younger than 16 for legal authorities when statutory rape is suspected. The bill would also require a health care facility to keep cord blood or fetal tissue samples from deliveries performed on minors who may be victims of sex crimes. (State law requires a tissue sample be sent to legal authorities when a minor younger than 14 obtains an abortion.) The bill is awaiting action in the Senate.

Insurance Coverage

ALABAMA: In February, the House passed a measure that allows a “religiously-affiliated employer” to offer a health plan that does not cover contraceptives or abortifacients based on religious objections. An employee could receive reimbursement for contraceptives prescribed for medical purposes unrelated to family planning. The bill defines “religiously-affiliated employer” as a church or ministry and organizations with 10 or fewer shareholders who object to coverage of contraceptives or abortifacients based on religious belief. The bill is awaiting action in the Senate.

Medicaid Family Planning Eligibility Expansions

ARIZONA: In February, a U.S. district court judge struck down a law that would have prohibited the state from contracting with most abortion providers. The court held that the state cannot interfere with the federal regulations that grant Medicaid participants the ability to seek treatment from the Medicaid provider of their choice.

TEXAS: In January, a state court judge refused to halt implementation of a state-run family planning program that prohibits participation by organizations that perform abortions. Until the end of 2012, the program had been funded by state and federal Medicaid funds; the federal Centers for Medicaid and Medicare Services terminated the joint federal-state effort after the state excluded abortion providers.

Pharmacy or Pharmacist Requirements to Dispense Contraception

PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 10 states

Bill Status:

Passed at least one chamber in MT

MONTANA: In January, the House passed a measure that would consider a fetus at any point in gestation to be a victim of homicide. The bill includes exceptions for legal abortion, medical treatment for the pregnant woman or any action of the pregnant woman. The bill is awaiting action in the Senate.

HIV
Testing of Infants and Pregnant Women

Infant Abandonment

NEW MEXICO: In February, the Senate passed a measure that amends existing state law to include fire stations and law enforcement agencies as acceptable locations to legally relinquish an infant. The bill is awaiting action in the Senate.

REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Dioxin

Flame Retardants

Introduced in 8 states

Bill Status:

Passed at least one chamber in MD

MARYLAND: In February, the House adopted a measure that would prohibit the use of a common flame retardant referred to as TCEP in child care articles such as strollers, mattresses and car seats, intended for use by children younger than three. The bill is awaiting action in the Senate.

Lead

Introduced in 10 states

Bill Status:

Passed at least one chamber in MS

MISSISSIPPI: In February, the Senate adopted a measure that would require all renovation work that involves lead-based paint to meet certain requirements to protect human health. Current law allows a homeowner to opt out of the lead-paint abatement requirements if the home is not the residence of a child younger than six or a pregnant woman. The bill is awaiting action in the House.

Mercury

Introduced in 13 states

Bill Status:

Passed at least one chamber in NM

NEW MEXICO: In February, the Senate adopted a measure that would require dentists’ offices to install a mechanism to separate amalgam (a material used in filling cavities that includes mercury and other toxins) from their wastewater stream to keep the toxins from entering the public water system. The bill is pending in the House.